In this article, Derek Francis looks at the process of assignment, whereby a tenant can sell, or 'assign', an existing leasehold interest to a new tenant. Most leases permit assignment on the condition that the landlord's consent to the assignment is obtained. In such circumstances, a landlord is duty-bound to consent to a tenant's proposed assignment unless it is reasonable for the landlord to withhold such consent. This article was first published in Scots Law Times, Issue 28 (published August 2013) and is reproduced here with kind permission of W Green, The Law Publishers.  more...

In this article, Andrew Bowen QC looks at the case of Barbudev v Eurocom Cable Management Bulgaria [2012] 2 All E.R. (Comm) 963, within the context of the leading case on whether parties intend to create legal relations, namely RTS Flexible Systems Ltd v Molkerei Alois Mller GmbH & Co KG [2010]. This article was first published in Greens Business Law Bulletin, Issue 123 (published April 2013) and is reproduced here with the kind permission of W. Green, The Law Publishers. more...

In this article, Andrew Bowen QC looks at the decision of Andrew Smith J in the commercial court case of Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] B.C.L.C. 54. The case concerned investment advice given at the time of the banking crisis precipitated by the collapse of Lehman Bros in autumn 2009. It raised issues of the duties owed by an investment bank to a customer, the interpretation of the parties contract and whether exclusion clauses satisfied the Unfair Contract Terms Act 1977 (UCTA), causation and the importance of expert evidence. Although factually highly complex, it provides useful guidance on the realities of the construction of commercial agreements. This article was first published in Greens Business Law Bulletin, Issue 121 (published December 2012) and is reproduced here with the kind permission of W. Green, The Law Publishers. more...

This is the text of a paper presented to the Royal Faculty of Procurators Private Client Conference on 29 May 2013. The paper covers avoidance and anti-avoidance issues relating to fees for nursing home care and focused on the general issue of disposing of the family home to avoid paying these fees. more...

On 21 January 2013 Scott Blair shared a panel with George Kappler of the Mental Welfare Commission and Dr Jill Stavert of Edinburgh Napier University on the subject of Capacity, Care and Consent. The Edinburgh event, arranged by LSA, examined the recent consultation paper from the Scottish Law Commission on Adults with Incapacity. more...

This article is the text of a paper originally presented to the Institute of Licensing in September 2012. Scott spoke to the audience about the developments in Scottish case law under the Licensing (Scotland) Act 2005 and suggested how licensing lawyers on both sides of the border could learn from developments in their respective jurisdictions. more...

This article is the text of a paper originally presented to the Institute of Licensing in September 2012. Scott spoke to the audience about the developments in Scottish case law under the Licensing (Scotland) Act 2005 and suggested how licensing lawyers on both sides of the border could learn from developments in their respective jurisdictions. more...

This article is the text of a paper originally presented at the Scottish Law Association of Law Centres Annual Conference with the Equality and Human Rights Commission Scotland in December 2011. The event was organised by LSA and entitled 'Making Judicial Review work in Scotland'. more...

This article is the text of a paper originally presented at the Environmental Law Centre Scotland (ELCS) conference on Common Good on 27 June 2009. The talk covered the legal framework for common good and included detailed consideration of the caselaw.  more...

This paper was originally delivered on 4 February 2008 at a CPD seminar organised jointly by the Murray Stable and Legal Services Agency Ltd, and is reproduced with their kind permission. more...

This article was originally published in October 2007. more...

This article was originally published in October 2007. more...

This papers was originally presented to the LSA in Glasgow on 6 February 2006. more...

This article was originally published in January 2006 and is reproduced with the permission of W Green & Son Ltd (law publishers). more...

Is it unfair when a Licensing Board acting under the Licensing (Scotland) Act 1976 ( the Act ) determines an objection made by a local authority in relation to an application which is before it or a suspension complaint, where the objection or complaint is lodged by the same local authority from whom the members of the Board are drawn ? Equally what if a local authority makes an application to the Board to hold a licence and the application is granted? Does the Board act as a judge in its own cause? The same issues might also arise under the recently passed Licensing (Scotland) Act 2005. This article was originally published in 2006. more...

This article was originally published in the February 2004 edition of Scottish Licensing Law and Practice and is reproduced here with their kind permission. more...

The use of CCTV footage is becoming increasingly common before licensing boards, deployed by police forces in support of complaints under Section 31 of the 1976 Act and objections to renewal and regular extension applications. In this article, Scott Blair examines the complicated issues which it raises. This article originally appeared in the October 2004 edition of Scottish Licensing Law and Practice. more...